LOAN TO SOLICITOR

Nelson Evening Mail, Volume LXVI, 19 August 1933, Page 7

LOAN TO SOLICITOR

FAILURE TO REPAY £SOO GUARANTOR AS JOINT DEFENDANT (By Telegraph—Press Association) WELLINGTON, 18th August. Failure by Bertram Egky, solicitor, of Wellington, to repay a loan of £SOO and interest led to proceedings being taken against him in tne Surname Court to-day by Mrs Laura Tayior, jf Lower Hutt. dames Thomas Watson, a seaetary, who was named as Egley’s guarantor in transaction, was joined as a defendant. Neither of the defendants appeared, and on tile application of Mr C. R. Barrett, counsel for Mrs Taylor, judgment was entered for bet for the full amount claimed.

The statement of claim set out that on 7th May, 1930, Mrs Taylor lent Egley £SOO, repayable on 31st May, 1933, with interest at 10 per cent. The loan was the subject of a deed, in terms of which James Thomas Watson was named as the guarantor. With the exception of £lO on account of interest paid on 21st December, 1931, Egley liaid failed to make any payments. Demands had been made on Watson for the payment of interest and the repayment of the principal sum, but lie had repudiated the deed and had denied liability for any of the moneys payable to the plaintiff under the deed. In his statement of defence James Thomas Watson denied that ho made any agreement whereby lie guaranteed to the plaintiff tile repayment of the principal sum and the interest claimed by her. He said further that if his name appeared in the deed or agreement his execution thereof was obtained fraudulently and on the representation that ho was witnessing or attesting some document and that it was not disclosed to him that lie was entering into a guarantee, or that he was rendering himself in any way liable to the plaintiff or any other person. When the ease was called, Mr Barrett said that Egley had not filed a statement of defence. Although a statement of defence had been filed by the other defendant, his solicitors had intimated that ou further consideration they did not propose to proceed with it. Mr Justice Reed entered judgment for Mrs Taylor for £594 10s, with costs according to scale and disbursements.